Lawsuit Alleging Violations of ADA Settled by Wal-Mart

According to one attorney for the U.S. Equal Employment Opportunity Commission, a number of employers around the country may not be entirely aware of congressional additions to the Americans with Disabilities Act. Federal regulations have made clear, said the attorney, that many disabilities come within the circumference of the ADA.

One of those disabilities is cerebral palsy, which afflicted a particular employee at one of Wal-Mart’s stores. According to a disability discrimination lawsuit filed by the EEOC, the retail giant wrongfully terminated the woman because of her cerebral palsy. The two sides have recently reached a settlement, the terms of which include $50,000 in damages and other requirements Wal-Mart must abide by going forward.

As stated by the plaintiffs, the facts of the case say that the woman worked part time as a clerk in a New Mexico Wal-Mart. At one time, her disability required her to take a medical leave of absence from work. Her doctor recommended that when she returned to her job, she should rest at intervals and get off of her feet. The doctor provided a note to that effect, which the woman gave to the manager.

He denied her request for an accommodation, however. He then asked her to provide him with a doctor’s statement that she could work without any restrictions. The store then fired the 22-year-old woman.

In addition to the $50,000 damages award, Wal-Mart must, for the length of the consent decree, inform the EEOC when other employees request an accommodation or file a disability discrimination claim. It will also institute training on the issue for managers and will create a protocol to give disabled workers reasonable accommodations.

Source: U.S. Equal Employment Opportunity Commission, “Wal-Mart Settles EEOC Lawsuit for $50,000,” Aug, 21, 2012.

• Federal and New Jersey state laws prohibit employers from treating their disabled workers unfairly. If you would like more information on our firm, please visit our Kingston employment discrimination page.